HomeMy WebLinkAboutReso 2020-3054 RESOLUTION NO. 2020 - --6051
A
-605 -
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, RATIFYING AMENDMENTS TO THE
AGREEMENT WITH SEA DIVERSIFIED, INC. TO PERFORM
SHORELINE SURVEYING AND MAPPING CONSULTING SERVICES,
ATTACHED HERETO AS EXHIBITS "A", "B", AND "C"; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO
EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on July 21St, 2016 via Resolution No. 2016-2575, the City Commission
ranked-the submittals in response to Request for Qualification No. 16-06-01 for Shoreline
Surveying and Mapping Consulting Services ("Services") and authorized the City Manager to
negotiate and enter into an agreement with the top ranked firm of Sea Diversified, Inc. ("Firm");
and
WHEREAS, on October 1St, 2016, the City Manager executed an Agreement with the
Firm, in an amount not to exceed $45,000.00 for a period of one (1) year and four (4) additional
one (1) year renewal options; and
WHEREAS, on October 3rd, 2017, the City Manager executed a First Amendment to the
Agreement with the Firm, thereby renewing the Agreement and exercising the City's first of four
(4) renewal options, in an amount not to exceed $45,000.00, bringing the total contract amount
not to exceed $90,000.00, attached hereto as Exhibit "A"; and
WHEREAS, on November 26th, 2018, the City Manager executed a Second Amendment
to the Agreement with the Firm, thereby renewing the Agreement and exercising the City's
second of four (4) renewal options, in an amount not to exceed $45,000.00, bringing the total
contract amount not to exceed $135,000.00, attached hereto as Exhibit "B"; and
WHEREAS, on December 31St, 2019, the City Manager executed a Third Amendment to
the Agreement with the Firm, thereby renewing the Agreement and exercising the City's third of
four (4) renewal options, in an amount not to exceed $45,000.00, bringing the total contract
amount not to exceed $180,000.00, attached hereto as Exhibit "C"; and
WHEREAS, the City Commission wishes to ratify the Amendments to the Agreement
with Sea Diversified, Inc. for Shoreline Surveying and Mapping Consulting Services, attached
hereto as Exhibits "A", "B", and "C".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Ratification of Amendments. The City Commission hereby ratifies the
Amendments to the Agreement with Sea Diversified, Inc. for Shoreline Surveying and Mapping
Consulting Services, attached hereto as Exhibits "A", "B", and "C".
Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
R2020 Ratify Amends To Agmt W Sea Diversified Inc. Page I oft
Section 3. Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 20th d. - of Feb,uary 2020.
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George . Scholl, Mayor
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Mauricioeta cur, CMC, City Clerk
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C APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
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Edward A. Dion, City Attorney
Moved by: \ilex
Second by: CØ1tØOJ _ 1A0 TVI 4(1
Vote:
Mayor Scholl 1 (Yes) (No)
Vice Mayor Svechin I (Yes) (No)
Commissioner Goldman I (Yes) (No)
Commissioner Lama -(Yes) (No)
Commissioner Viscarra (Yes) (No)
R2020 Ratify Amends To Agmt W Sea Diversified Inc. Page 2 oft
HNT/'f,
11 FIRST AMENDMENT TO THE AGREEMENT BETWEEN
THE CITY OF SUNNY ISLES BEACH AND SEA DIVERSIFIED,INC
CONTRACT NO. 6335-1801fiYr,or ru.r
This First Amendment to the Agreement between the CITY OF SUNNY ISLES BEACH("City")
and SEA DIVERSIFIED,INC.("Consultant")executed this day of OCtpf- ,2017,
is made a part of the original Agreement ("Agreement") dated October 1, 2016, between the City and
Consultant, a copy of which attached hereto as Attachment "A", whose Federal Identification # is 51-
0501765.The City and Consultant hereby agree as follows:
1. OPTION TO RENEW. The City hereby wishes to exercise its first option to renew the Agreement
for an additional one year term in accordance with Section 3 of the original Agreement,as more particularly
described in Attachment"A',which is attached hereto and incorporated herein by reference.
2. EFFECTIVE DATE OF RENEWAL TERM. The Effective Date of this First Amendment shall
commence October 1,2017,and shall terminate no later than September 30,2018.
3. ADDITIONAL COMPENSATION. Effective October 1, 2017, the Parties wish to amend
Section 4 of the original Agreement("Compensation")to include additional compensation for continuing
Services during Fiscal Year 2017-2018 in an amount not to exceed Forty Five Thousand Dollars
45,000.00),bringing the total contract amount not to exceed Ninety Thousand Dollars($90,000.00).
4. O'T'HER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, all
terms and conditions of the original Agreement between the parties, dated October 1,2016, and attached
hereto as Attachment"A",shall remain in full force and effect.
5. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions contained
in this First Amendment shall prevail and be given superior effect and priority over any conflicting or
inconsistent terms,statements,requirements or provisions contained in any other document or attachment,
including but not limited to Attachment"A" .
IN WITNESS WHEREOF, the parties hereto have executed this document as of the date
mentioned above.
WITNESS SEA DIVERSIFIED,INC.
Ade__A .1
ature
BY:
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Print Name
fA'TTEST.// I
CITY OF SUNNY ISLES BEACH
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c BY:-) -------w44BY:
Mauricio :'etan r,CMC,Acting City Clerk Christopher J.Russo,City Manager
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BY: b 7111g6k BY:
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D-partment zad Hans Ottinot,City Attorney
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AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH_
AND SEA DIVERSIFIED,INC.
CONTRACT NO. C6335-1617-001
THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement")
is made in duplicate,this S3 day of DOfio2, 2016, by and between the CITY OF
SUNNY ISLES BEACH,Florida,(hereinafter referred to as"City"),and SEA DIVERSIFIED,
INC., a corporation authorized to do business in the State of Florida(hereinafter referred to as
Consultant")whose Federal I.D.#is Si •OSO 11 (0S .
RECITALS
WHEREAS,the City issued Request for Qualifications ("RFQ")No. 16-06-01 for shoreline
surveying,and mapping consulting services("Services"); and
WHEREAS, the Consultant represents to the City that it possesses the requisite
qualifications, expertise and licenses to perform all necessary work in connection with Services;
and
WHEREAS, Consultant has expressed the ability and desire to provide these Services
subject to the terms and conditions contained herein and RFQ No.16-06-01,which is incorporated
herein by reference;and
WHEREAS,the City desires to contract with Consultant to provide the Services,as more
fully described in Attachment"A"which is attached hereto; and
WHEREAS, the City desires to enter into an Agreement with Consultant to provide the
Services in a total amount not to exceed Forty Five Thousand Dollars ($45,000.00).
NOW THEREFORE,in consideration of the promises and the mutual covenants herein
name,the parties agree as follows:
1.RECITALS. The Recitals set forth above are hereby incorporated into this Agreement
and made a part hereof for reference.
2.SERVICES. Consultant agrees to furnish all labor and materials in a good
workmanlike and professional manner and to perform the Services designated in Attachment"A"
attached hereto, and incorporated herein by reference. The Services shall be performed by
Consultant to the full satisfaction of the City.
3.TERM. Subject to the provisions relating to the termination of this Agreement as set
forth in Section 8 hereunder,this Agreement shall be for an initial term of one(1) year with four
4) options to renew for one (1) year each. The initial term of this Agreement shall commence
retroactively on October 1, 2016, and end no later than September 30, 2017. Payment will be
made only for work completed to the satisfaction of the City. Consultant is to commence
performance of work on the Commencement Date and continue in a diligent manner until work
is complete. Consultant acknowledges that compliance with the commencement and completion
schedule is the essence of this Agreement. The terms of Sections 15 and 16 entitled
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C6335-1617-001 SEA DIVERSIFIED.INC.e ;'I
ATTACHMENT "A"
City of Sunny Isles Bench 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
305)947-0606 phone(305)949-3113 Fax
Indemnification and Waiver of Liability"and"Compliance with Law"respectively,shall survive
termination of this Agreement.
4.COMPENSATION. The Consultant agrees to provide the desired Services to the City,
in an amount not to exceed Forty Five Thousand Dollars ($45,000.00)during the initial one(1)
year term. Payment to Consultant for all charges and tasks under this Agreement shall be in
accordance with this Agreement and the schedule of charges reflected in Attachment "A" and
under the following conditions:
a. Disbursements. There are no reimbursable expenses associated with this contract.
b. Payment Schedule. Invoices received from the Consultant pursuant to this
Agreement will be reviewed by the initiating City Department. If services have
been rendered in conformity with the Agreement, the invoice will be sent to the
Finance Department for payment. Invoices must reference the contract number
assigned hereto. Invoices will be paid in accordance with the State of Florida
Prompt Payment Act. The City will pay properly submitted Consultant invoices
within 30 (thirty) days of receipt, for completed and accepted deliveries or
specified services and/or goods, unless the City notifies the Consultant in writing
of the dispute,before the payment is due.
c. Availability of Funds. The City's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation for its purpose by the City
Commission.
d. Final Invoice. In order for both parties herein to close their books and records,
the Consultant will clearly state "final invoice" on the Consultant's final/last
billing to the City. This certifies that all services have been properly performed
and all charges and costs have been invoiced to the City. Since this account will
thereupon be closed,any other additional charges,if not properly included on this
final invoice,are waived by the Consultant.
Consultant shall make no other charges to the City for supplies, labor, taxes, licenses,
permits, overhead or any other expenses or costs unless any such expense or cost is incurred by
Consultant with the prior written approval of the City. If the City disputes any charges on the
invoices, it may make payment of the uncontested amounts and withhold payment on the
contested amounts until they are resolved by agreement with Consultant. Consultant shall not
pledge the City's credit or make it a guarantor of payment or surety for any contract, debt,
obligation,judgment, lien, or any form of indebtedness. The Consultant further warrants and
represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms
of this Agreement.
5. INDEPENDENT CONTRACTOR RELATIONSHIP. The Consultant is an
independent Contractor and shall be treated as such for all purposes. Nothing contained in this
Agreement or any action of the parties shall be construed to constitute or to render the Consultant
an employee, partner, agent, shareholder, officer or in any other capacity other than as an
independent Contractor other than those obligations which have been or shall have been
2 7 t"1
1 u t11,1
C6335-1617-00I SEA DIVERSIFIED,INC.
City of Sunny Isles Beach 18070 Collins Avenue,Sunny Isles Beach,Florida 33160
305)947-0606 phone(305) 949-3113 Fax
undertaken by the City. Consultant shall be responsible for any and all of its own expenses in
performing its duties as contemplated under this Agreement. The City shall not be responsible
for any expense incurred by the Consultant. The City shall have no duty to withhold any Federal
income taxes or pay Social Security services and that such obligations shall be that of the
Consultant, other than those set forth in this Agreement. Consultant shall furnish its own
transportation,office and other supplies as it determines necessary in carrying out its duties under
this Agreement.
6. OWNERSHIP OF DOCUMENTS AND EOUIPMENT. All documents prepared by
the Consultant pursuant to this Agreement and related Services to this Agreement are intended
and represented for the ownership of the City only. Any other use by Consultant or other parties
shall be approved in writing by the City. If requested, Consultant shall deliver the documents to
the City within fifteen(15)calendar days.
7. INSURANCE. Consultant shall, at its sole cost and expense, during the period of any
work being performed under this Agreement, procure and maintain the following minimum
insurance coverage to protect the City and Consultant against all loss, claims, damage and
liabilities caused by Consultant,its agents or employees,as indicated below:
Comprehensive General liability insurance, including broad form contractual
liability coverage for all operations, including, but not limited to, contractual,
products,and completed operations,personal injury and property damage liability
with minimum limits of One Million Dollars($1,000,000.00)per occurrence.,
Umbrella Insurance shall be required to purchase,maintain,and keep in full force,
effect, and good standing, Umbrella Liability Insurance above the primary
commercial general liability,automobile liability,and employer's liability policies
required herein with a minimum limit of One Million Dollars ($1,000,00.00)for
each occurrence and annual aggregate per occurrence during the initial and any
renewal term.
Worker's Compensation and employer's liability coverage, as required pursuant
to Florida law.
Business Automobile Liability which shall include coverage for all owned, non-
owned and hired vehicles for minimum limits of not less than One Million Dollars
1,000,000.00)per occurrence,One Million Dollars($1,000,000.00)per accident
for bodily injury and Five Hundred Thousand Dollars ($500,000.00)per accident
for property damage.
Professional Liability insurance shall be required,including Errors and Omissions,
with limits of One Million Dollars($1,000,000.00) per occurrence.
Insurance required of the Consultant shall be primary to, and not contribute with, any insurance
or self-insurance maintained by the City. Such insurance shall not diminish Consultant's
indemnification and obligations hereunder. The insurance policy shall be issued by companies
authorized to do business under the laws of the State of Florida and acceptable to the City with a
3 a
J a .
C6335-1617-OOI SEA DIVERSIFIED,INC.
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach,Florida 33160
305)947-0606 phone(305)949-3113 Fax
minimum A.M. Best rating of A-Excellent. Before any work under this Agreement is
performed, and at any time upon request, Consultant shall furnish to the City certificates
of insurance evidencing the minimum required coverage and shall be appropriately
endorsed for contractual liability, with the City named as additional insured. All policies
shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms
and issued by insurance companies acceptable to the City Manager or his designee. All insurance
policies and certificates of insurance shall provide that the policies may not be canceled or altered
without thirty(30)days prior written notice to the City. Consultant shall also require and ensure
that each of its sub-Consultants providing services hereunder (if any) procures and maintains,
until the completion of the services,insurance of the types and to the limits specified herein. ANY
EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE
APPROVED IN WRITING BY THE CITY.
8. TERMINATION AND REMEDIES FOR BREACH.
A. If, through any cause within reasonable control, the Consultant shall fail to fulfill
in a timely manner or otherwise violate any of the covenants, agreements or
stipulations material to this Agreement, the City shall have the right to terminate
the Services then remaining to be performed. Prior to the exercise of its option to
terminate for cause, the City shall notify the Consultant of its violation of the
particular terms of the Agreement and grant Consultant ten(10) days to cure such
default. If the default remains uncured after ten(10)days the City may terminate
this Agreement, and the City shall receive a refund from the Consultant in an
amount equal to the actual cost of a third party to cure such failure. If Consultant
fails,refuses or is unable to perform any term of this Agreement,City shall pay for
services rendered as of the date of termination.
i.) In the event of termination, all finished and unfinished documents, data and
other work product prepared by Consultant shall be delivered to the City and
the City shall compensate the Consultant for all Services satisfactorily
performed prior to the date of termination,as provided in Paragraph 4 herein.
ii.) Notwithstanding the foregoing,the Consultant shall not be relieved of liability
to the City for damages sustained by it by virtue of a breach of the Agreement
by Consultant and the City may reasonably withhold payment to Consultant
for the purposes of set-off until such time as the exact amount of damages due
the City from the Consultant is determined.
B. Termination for Convenience of City. The City may, for its convenience and
without cause terminate the Services then remaining to be performed at any time
by giving Consultant ten (10) days written notice. The terms of Paragraph 8 A(i)
and A(ii)above shall be applicable hereunder.
C. Termination for Insolvency. The City also reserves the right to terminate the
remaining Services to be performed in the event the Consultant is placed either in
voluntary or involuntary bankruptcy or makes any assignment for the benefit of
creditors.
4 3
C6335-1617-OO1 SEA DIVERSIFIED,INC.
City of Sunny Isles Beach 18070 Collins Avenue,Sunny Isles Beach,Florida 33160
305)947-0606 phone(305)949-3113 Fax
9. GOVERNING LAW, VENUE, AND ATTORNEYS FEES. It is agreed that this
Agreement shall be governed by,construed and enforced in accordance with the laws of the State
of Florida. Venue for any legal proceeding shall be in Miami Dade County,Florida. In the event
it becomes necessary for the City to file a lawsuit to enforce any term or provision under this
Agreement and the City is the prevailing party then the City shall be entitled to its costs and
attorney's fees at the pretrial,trial and appellate levels.
10. BACKGROUND CHECKS. A criminal background check will be required for any
employee of the Consultant performing Services under this Agreement. The Consultant shall be
required to perform the criminal background check at their own sole cost and expense through
the City. The Consultant shall ensure that only their properly designated employees listed with
the City Manager be permitted to perform Services. In the event the designated employees are
removed by the Consultant, the Consultant shall immediately notify the City Manager or his
designee. Additionally,identification cards will be provided by the City at the Consultant's sole
cost and expense. Consultant shall ensure that all designated employees wear the City's provided
identification cards while performing Services.
11. CONFIDENTIAL INFORMATION. The Consultant shall not, either during the term
of this Agreement or any time for a period of ten(10)years subsequent to that date upon which
the Consultant shall leave the employment of the City for any reason whatsoever, disclose to any
person or entity,other than in the discharge of the duties of the Consultant under this Agreement,
any information which the City designates in writing as "confidential." As a violation by the
Consultant of the provisions of this Section could cause irreparable injury to the City and there is
no adequate remedy at law for such violation,the City shall have the right,in addition to any other
remedies available to it at law or in equity, to enjoin the Consultant from violating such
provisions.
12. NOTICES. All notices and other communications required or permitted to be given
under this Agreement by either party to the other shall be in writing and shall be sent (except as
otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return
receipt requested,(ii)by guaranteed overnight delivery by a nationally recognized courier service,
or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or
registered mail, first class postage prepaid, return receipt requested or by overnight delivery by
traditionally recognized courier service),addressed to such party as follows:
If to the City: Christopher J.Russo With a copy to:
City Manager Hans Ottinot
City of Sunny Isles Beach City Attorney
18070 Collins Avenue,4th Floor City of Sunny Isles Beach
Sunny Isles Beach, Florida 33160 18070 Collins Avenue,4th Floor
Tel: (305)792-1701 Sunny Isles Beach, Florida 33160
Tel:(305)792-1702
5
C6335-1617-001 SEA DIVERSIFIED,INC.
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach,Florida 33160
305)947-0606 phone(305)949-3113 Fax
If to the William T. Sadler,Jr.,PE,PSM
Consultant:Sea Diversified, Inc.
21 NE 2"1 Street
Delray Beach,Fl 33444
Tel: (561)243-4920
Fax: (561)243-4957
13. AUDIT. The Consultant shall make available to the City or its representative all required
financial records associated with the Agreement for a period of Three(3)years.
14. NON-DISCRIMINATION. The Consultant agrees to comply with all local and state
civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended,Title VIII
of the Civil Rights Act of 1968 as amended,Title 1 of the Housing and Community Development
Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with
Disabilities Act of 1990,•the Age Discrimination Act of 1975, Executive Order 11063,and with
Executive Order 11248 as amended by Executive Orders 11375 and 12086.
The Consultant will not discriminate against any employee or applicant for employment because
of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age,
marital/familial status, or status with regard to public assistance. The Consultant will take
affirmative action to insure that all employment practices are free from such discrimination. Such
employment practices include but are not limited to the following: hiring,upgrading, demotion,
transfer,recruitment or recruitment advertising,layoff,termination,rates of pay or other forms of
compensation,and selection for training,including apprenticeship. The Consultant agrees to post
in conspicuous places, available to employees and applicants for employment, notices to be
provided by the City setting forth the provisions of this non-discrimination clause. The
Consultant agrees to comply with any Federal regulations issued pursuant to compliance with
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination
against the handicapped in any Federally assisted program.
15. CONFLICT OF INTEREST. The Consultant agrees to adhere to and be governed by
the Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by the
City of Sunny Isles Beach Ordinance No. 99-82,which are incorporated by reference herein as if
fully set forth herein, in connection with the Agreement conditions hereunder.
The Consultant covenants that it presently has no interest and shall not acquire any interest,
directly or indirectly which should conflict in any manner or degree with the performance of the
Services. The Consultant further covenants that in the performance of this Agreement,no person
having any such interest shall knowingly be employed by the Consultant. The Consultant
guarantees that he/she has not offered or given to any member of,delegate to the Congress of the
United States, any or part of this contract or to any benefit arising therefrom.
16. INDEMNIFICATION AND WAIVER OF LIABILITY. The Consultant agrees, to
the fullest extent permitted by law,to defend, indemnify and hold harmless the City, its agents,
representatives,officers,directors,officials and employees from and against all claims,damages,
6
C6335-1617.001 SEA DIVERSIFIED,INC.
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
305)947-0606 phone(305)949-3113 Fax
losses and expenses (including but not limited to attorney's fees, arbitration costs, and costs of
appellate proceedings)relating to,arising out of or resulting from the Consultant's negligent acts,
errors, mistakes or omissions relating to professional services in the performance of this
Agreement. The Consultant's duty to defend, hold harmless and indemnify the City, its agents,
representatives, officers, directors, officials and employees shall arise in connection with any
claim, damage, loss or expense that is attributable to bodily injury; sickness; disease; death; or
injury to impairment,or destruction of tangible property including loss of use resulting therefrom,
caused by any negligent acts,errors,mistakes or omissions related to professional services in the
performance of this Agreement including any person for whose acts,errors,mistakes or omissions
the Consultant may be legally liable. The parties agree that One Hundred Dollars ($100.00)
represents specific consideration to the Consultant for the indemnification set forth in this
Agreement.
17. COMPLIANCE WITH LAW. Consultant shall comply with all laws,regulations and
ordinances of any federal,state,or local governmental authority having jurisdiction with respect
to this Agreement("Applicable Laws")and shall obtain and maintain any and all material permits,
licenses, approvals and consents necessary for the lawful conduct of the activities contemplated
under this Agreement.
18. CONFLICTING PROVISIONS. The terms and conditions in this Agreement supersede
any other conflicting provisions that are contained in any other document, including but not
limited to Attachment"A".
19. MISCELLANEOUS.
A. In the event any provision of this Agreement is found to be void and unenforceable
by a court of competent jurisdiction, the remaining provisions of this Agreement shall
nevertheless be binding upon the parties with the same effect as though the void or unenforceable
provisions had been severed and deleted.
B. This Agreement may be executed in multiple identical counterparts,each of which
shall be deemed an original for all purposes.
C. This Agreement shall constitute the entire agreement between the parties with
respect to the subject matter hereof,and it shall supersede all previous and contemporaneous oral
and written negotiations, commitments, agreements and understandings relating hereto.
D. Any modification of this Agreement shall be effective only if in writing and signed
by the parties to this Agreement.
E. No waiver of any provision of this Agreement shall be valid or enforceable unless
such waiver is in writing and signed by the party granting such waiver.
7
C6335-1617-00I SEA DIVERSIFIED,INC.
City of Sunny Isles Beach 18070 Collins Avenue,Sunny Isles Beach,Florida 33160
305)947-0606 phone(305)949-3113 Fax
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate
on the day and year first written above.
WITNESS:
i
SEA DIVERSIFIED,INC.
l
Si ature BY.
iam T.Sadler,Jr.,PE,PSM
Print Name
ATTEST: CITY OF SUNNY ISLES BEACH
C
1 ,
011111-110t'et'
j ane A.Hin MMC,City Clerk Christoph .Russo,City Manager
70
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
l'Af
BY: ..LJLJ/i/' JJLtJI BY: mista_
epartme t ead c tri ot, •• omey
8
C6335-1617-001 SEA DIVERSIFIED,INC:
Sea Diversified, Inc.
SEA
21 N.W. 2nd Street
Delray Beach, Florida 33444
1900 S. Harbor City Blvd, Ste 110
Melbourne, Florida 32901
Phone: 561-243-4920 Phone: 321-984-7268
t;E i'S 1:/EI) Facsimile: 561-243-4957 Facsimile: 321-984-7270
Scope of Services
Citywide Coastal Monitoring Program
City of Bunny Isles, Miami-Dade County, Florida
September 29, 2016
SDI P.N. 16-2422)
Sea Diversifed, Inc. (SDI) is pleased provide the following recommended scope of services regarding
beach and offshore profile data collection in support of the City's ongoing beach management efforts.
The purpose of the survey effort is to monitor coastal shoreline changes along Sunny Isles beach and
to specifically document and quantity the erosion and accretion of sand on an annual or more
frequent basis depending on the requirements of the City. The profile surveys will provide a valuable
source of data to support requests for FEMA funding assistance in the event of a major storm event.
The data may also be used for the planning, design and permitting of necessary beach restoration
projects.
SDI shall provide services in accordance with the Monitoring Standards for Beach Erosion Control
Projects as published by the Florida Department of Environmental Protection, Bureau of Beach and
Coastal Systems (BBCS), dated May 2014 (Latest Edit October 2014), herein referred to as the
Specifications. All work shall be conducted to the highest level of industry standards and under the
responsible charge of a Professional Surveyor and Mapper registered in the State of Florida. The
survey shall meet or exceed the Standards of Practice set forth by the Florida Board of Professional
Surveyors and Mappers in Chapter 5J-17, Florida Administrative Code, pursuant to Section 472.027,
Florida Statutes and shall adhere to the FEMA Disaster Assistance Fact Sheet DAP9580.8, entitled,
Eligible Sand Replacement on Public Beaches"to ensure the City's eligibility for FEMA funding.
Task One: Survey Planning and Scope Development
SDI shall schedule and attend a planning meeting with the City's project representatives and City
Manager. SDI shall identify the objectives of the beach monitoring efforts and shall assist in
developing a scope of survey for annual or more frequent monitoring events including before and
after storm surveys that may be required to document beach and nearshore changes resulting from a
passing storm event. SDI will discuss required coordination efforts with Miami-Dade to determine
the extent of their coastal monitoring program, past and present, in order to compile historical data
for comparison with new data and to minimize any duplication of survey efforts on future survey
activities. SDI will discuss and confirm required deliverables associated with each survey event and
outline other roles and responsibilities such as that pertaining to meeting attendance, strategy
sessions and other tasks that may be necessary to assist with the City's ongoing beach management
efforts.
SDI's preliminary scope of survey, subject to further refinement during this first Task, will be to
conduct annual surveys encompassing beach and offshore data at FDEP profile control monuments
R-6 through R-20, for a total of fifteen (15) profiles. Additional intermediate profiles will be
conducted adjacent to the nearshore breakwater structures located at the northerly City limits and
adjacent to the Newport Pier. The total number of intermediate profiles will be eight (8), which
includes four (4) in the vicinity of the north breakwater structures and four (4) adjacent to the
Newport Pier. The purpose of the intermediate profiles is to monitor the condition of the coastline
immediately adjacent to these structures to assess whether the structures are having any impact on
the beach and nearshore area. Reference Attachment A.
Annual surveys will be conducted in late summer of each year (August — September) with the first
survey, considered the baseline survey, scheduled for year 2016. Subsequent surveys, considered
annual monitoring surveys, will be conducted during the same timeframe as the initial baseline
Surveying • Engineering • Applications
ATTACHMENT"A"
Draft Scope of Services
Citywide Coastal Monitoring Program
EA
City of Sunny Isles, Miami-Dade County,Florida
V\
September 29,2016
SDI P.N. 16-2422
inVF.'It Sll'!f:!) Page 2 of 4
survey event. Beach profiles will be conducted at historic azimuths/headings as published by FDEP
BBCS. Profile data collection at R-monuments will extend 3000 feet from the shoreline or to—30 feet
NAVD), whichever point is reached first. The eight (8) intermediate profiles will extend 1,000 feet
seaward of the approximate shoreline. In addition to the annual, late summer survey events, it is
proposed, as an option for the City, to conduct periodic winter survey events to monitor the condition
of the beach during this time of year. Winter survey events will be scheduled for January to
February timeframe. Profile data collection for the winter survey events will be conducted at the
same R-monuments and intermediate points of the summer survey events, however data collection
will extend only to wading depth with the objective of monitor shoreline changes between summer
and winter months.
Task Two: Field Data Collection,Data Processing and Final Deliverables
Project Horizontal and Vertical Control Verification
Horizontal data shall be collected based on the Florida State Plane Coordinate System, East Zone,
North American Datum of 1983, (NAD83). Vertical data shall be collected based on North American
Vertical Datum of 1988 (NAVD 88).
In accordance with the Specifications, SDI will verify the horizontal and vertical position of all found
and monuments to be used for the survey. Horizontal and vertical positions will be verified via Real-
Time Kinematic GPS procedures. In the event vertical obstructions prohibit the use of GPS,
conventional methodologies will be employed. BBCS will provide SDI with a current data file (ASCII
format) describing the horizontal and vertical location of all reference monuments for the survey.
Temporary control points (TBM's) will be set in the event a monument cannot be readily found. As
practical, the TBM will be set at the reference monument location. If the specified location is not
practical, the TBM will be set at a more suitable location either landward or seaward along the
specified profile azimuth. TBM's will'be established in accordance with the Specifications. The BBCS
shall be notified of any missing monuments and shall be provided with the horizontal and vertical
position of all TBM's.
Onshore Profile Data Collection -Topographic
Onshore profile data shall be collected at FDEP range monuments R-6 through R-19, including
intermediate profile control points, as applicable. Data collection shall extend seaward to
approximate wading depth or as required to overlap the offshore profile data a minimum distance of
fifty (50) feet. Data collection at R-monuments shall extend upland to the profile monument or
approximately 150 feet landward of the vegetation line, whichever is most landward. Data collection
at intermediate profiles will extend to the landward side of the dune or vegetation line.
In the event there is a physical barrier on line between the beach and the monument, every
reasonable attempt shall be made to extend the survey beyond the barrier to the reference monument
position. It is understood that certain physical barriers may be considered impassible such as large
buildings, private residences with difficult access, waterbodies, mangroves or other heavy vegetation
requiring line clearing.. At the discretion of the surveyor, data collection will be terminated at the first
physical barrier if deemed impassible using practical means of extending the survey landward.
Profiles terminated due to impassible barriers will be noted in the field books.
Profile data will be collected using either conventional differential leveling or Real-time Kinematic
Differential Global Positioning techniques. Accuracy levels shall be in accordance with the
Specifications. Data points will be collected at a maximum interval of twenty-five (25) feet and at all
grade breaks (exceeding six inches) and material changes along the profile. In the event the FDEP
Surveying • Engineering • Applications i
Draft Scope of Services
Citywide Coastal Monitoring Program
S
a City of Sunny Isles, Miami-Dade County,Florida
1L
1
Septem ,
SDI
Pber.
N.2916-
24222016
I)IVI:!'SII:If i) Page 3 of4
monument is located more than 300 feet landward of the vegetation line, data points shall be
extended to one hundred (100) foot intervals from two hundred (200) feet landward of the
approximate vegetation line to the monument location. The reference monument shall be recorded as
range 0.0 along the profile with positive ranges extending seaward of the monument and negative
ranges extending landward of the monument.
Offshore Profile Data Collection-Bathometric
Bathymetric profile data at R-monuments and intermediate points, as applicable, shall be collected
as close to high tide as practical and shall extend landward to a depth that overlaps the onshore
portion of the survey. Bathymetric profile data collection at R-monuments shall extend offshore a
minimum distance of 3000 feet from the shoreline or to -30 feet (NAVD), whichever point is reached
first. Bathymetric profile data collection at intermediate profile points shall extend offshore a
minimum distance of 1000 feet from the approximate shoreline. Bathymetric data collection shall
occur as close to the time of the onshore topographic survey as practical with the objective to not
exceed seven (7) days of time difference between the two (2) survey events. Maximum wave height
during the course of bathymetric data collection shall be three(3) feet.
Bathymetric data shall be collected using an automated hydrographic system comprised of a survey
launch equipped with an Odom marine grade sounder with integrated motion sensor, Differential
Global Positioning System (DGPS) and computer-based navigation / data collection system. The
motion sensor will be employed to reduce the effects of vessel heave, pitch and roll during the course
of data collection. The sounder shall be calibrated via bar checks prior to the start of the survey.
Prior to the start of the survey a tide staff or gauge will be established in proximity to the project for
recording water levels during the course of the data collection activities. The tide staff or gauge will
be set relative to published control in the vicinity of the project.
Digital Ground Photography
During the course of field data collection, digital photographs shall be taken at approximate mid-
beach along each profile line. Three (3) photographs shall be captured, one each shore-parallel north
and south of the profile and one towards the monument location. An additional photograph of the
monument or TBM shall be taken with sufficient clarity to read the monument stamping. Digital
images shall be provided to the City of Sunny Isles Beach and BBCS on CD or DVD media in .jpg
format at a minimum 640 x 480 resolution.
Data Processing and Final Deliverables
Upon completion of field survey activities, data will be edited and reduced to the project datum and
translated to an x,y,z, ASCII format for submittal to the City and BBCS. In addition, and in
accordance with the Specifications, the following deliverables will be provided:
1. Survey report/ monument control report certified by a Professional Surveyor and Mapper.
2. Copies of field books and data collection files, as applicable. (hardcopy and PDF'format)
3. Description of all monuments and TBM's used for the survey, including identification,
stamping, coordinates, elevations and profile azimuths. Control description shall be
provided in both hardcopy and digital formats (ASCII and Excel)
4. Final profile data in ASCII x,y,z format and FDEP distance / depth format with associated
header records
5. ASCII raw data file
6. Digital photographs in .jpg format with appropriate labeling
7. Plan / profile charts in AutoCAD .dwg format
8. Plan / profile charts in hardcopy format(24"x 36°)
9. Metadata files
10. Survey Report
Surveying • Engineering • Applications
Draft Scope of Services
Citywide Coastal Monitoring Program
La
T City of Sunny Isles, Miami-Dade County, Florida
J'
September 29,2016
SDI P.N. 16-2422
nil/FRS/NM)
Page4of4
Proposed Fee Schedule:
Task One: Survey Planning and Scope Development 3,960.00
Task Two: Field Data Collection, Data Processing and Final Deliverables
2016 Baseline Survey: 15,620.00
Annual Monitoring Surveys:14,340.00 per Event
Winter Wading Depth Surveys: 8,580.00 per Event
Before and After Storm Survey Events: 14,340.00 per Event
Note: Same scope as Annual Monitoring Surveys)
Other Services(Meetings,Presentations,etc.)
Per SDI Professional Services Rate Schedule
Attachment
Surveying • Engineering • Applications
s1:•=::;0-'• CITY OF SUNNY ISLES BEACH
ii__``.'.='•`` - COASTAL MONITORING PLAN
i_r.'.it .
7--4'1-i-: -.1.,,..•.i.- `-`•
SURVEY NOTES:
ONSHORE/OFFSHORE PROFILE SURVEYS TO BE COLLECTED INarc::!;,.
ACCORDANCE WITH THE MONITORING STANDARDS FOR BEACH
1". 'i.•-';"'s.'Cp!:.j:1 b{. •_--- - --_ - EROSION CONTROL PROJECTS PREPARED BY THE FLORIDA
3 rx., •••_ --- - DEPARTMENT OF ENVIRONMENTAL PROTECTION(FDEP,BUREAU
OF BEACHES AND COASTAL SYSTEMS BBCS),DATED OCTOBER 2014
n bli•` HORIZONTAL DATUM:NORTH AMERICAN DATUM OF 1983(NAD83190)
5 Ilia VERTICAL DATUM:NORTH AMERICAN VERTICAL DATUM OF 1988(NAVD88)
12': •F2-: ' - RANGE MONUMENT TABULATION
j: -_=r =(',i ice_Nii -er . _ --- NORTHING EASTING ELEV.
r;-- , - .-- --- NAME DATE FEET FEET AZ.' FEET
y::.e- NAD 83190 NAD 83/90 NAVD88
b( o' °'' - R-6 OCT74 592336.99 945617.28 96' 9.86I4 'fO ' Z R-7 JUL90 591139.41 945625.51 95' 7.94
13.1,N..-.1.
3Q R-8 COE95 590230.83 945565.76 95° 8.43til
6_ j R-9 DEC91 589440.05 945566.92 90' 7.04
R-10 OCT74 587939.09 94548038 100' 10.09v:• .,-
R-11 OCT74 586885.28 945488.31 90° 8.72
n:ao'(jz-1 R-12 DEC91 585795.32 945407.92 95° 11.07
f}1i! rE R-13 JUL97 584779.99 945377.46 95' 7.33
1 ( As'" ' L "Q R-14 OCT74 583666.58 945240.29 95' 9.34
G •• R-15 OCT74 582761.29 945158.81 95' 7.87 I
I. I = Q R-16 OCT74 581665.10 945118.32 80' 1124
et; ••jf::_.J:111 R-17 DEC91 580513.53 945068.79 95° 11.43
ix'r4 :, ffes:= R-18 C0E95 579464.08 945010.68 95' 8.64
rsc R-19 OCT74 578374.67 94.4941.14 90° 921
77:44.1;1!_?".;',.,?-!;. '= R-20 OCT74 577269.89 94475136 95' 11.86
asu r3._ t - - AZIMUTH BASED ON HISTORIC INFORMATION PROVIDED
1,.;: - BY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL
0.':I':'fr:: f PROTECTION
J;':f ,:. ''iy-9F1. ftpi/fp.dep.state,fi.us/pub/water/beaches/reg-monls-east/rtab)
a; INTERMEDIATE RANGE
T----'---- - _ -- - - MONUMENT TABULATION
iHillI ::., -
9 ":1..o,1 NORTHING EASTING ELEV.
K NAME DATE FEET FEET A2;' FEET
NAD 83190 NAD 83190 NAVD88
R6+950 N/A 591386.59 945657.71 95' N/A
R7+250 NIA 590881.67 945713.94 95' N/A
tY:, s'
R7+650 NIA 590473.51 945649.65 95' WA
R8+250 NIA 589975.66 945625.98 95' N/A
lJ' j R16+120 N/A 581505.09 945118.32 87' N/A
z:
Is
R16+195 N/A 581349.75 945118.32 87' WA2..;
R16+500 N/A 581131.22 945115.78 87' N/A
f'`I`R16+650 NIA 580981.22 945115.78 87' N/At', -
Revisions: SEA DIVERSIFIED, INC.CITY OF S NkY 21 NW 2nd STREET
ISLES BEACH SEA Delray Beach,Florida 33444
MIAMI-DADE COUNTY,FLORIDA
J'i''h•7111'' 581-243.4920
Date: 08/2016 Sheet:
COASTAL Drawn by: W.T.S.
Checked by W.T.S. ATTACHMENT A
Sc
MONITORING PLAN
ele: 1"02500' CADDID:2422ATT.DGN
Academic use only)Al'achmenIA.dgn 9/30/2018 9:07:38 AM SEA DIVERSIFIED INC. J ::
Cost Breakdown
Sea Diversified,Inc.
City of Sunny Isles Coastal Monitoring
SDI P.N. 16-2422
September 29, 2016 Page 1 of 2
Task One: Survey Planning and Scope Development
Reg Reg OT OT
Description Hours Rate Hours Rate Unit Total
2-Person GPS Survey Crew 160.00 240.00 CH 0.00
3-Person Hydrographic Survey Crew 250.00 375.00 CH 0.00
3-Person GPS Survey Crew 215.00 322.50 CH 0.00
Computer/CADD Operator 90.00 135.00 PH 0.00
Engineering Technician 2 $100.00 150.00 PH -$200.00
Survey Manager 8 95.00 142.50 PH $760.00
Professional Surveyor and Mapper 120.00 180.00 PH 0.00
Professional Engineer 130.00 195.00 PH 0.00
Project Manager 20 $150.00 225.00 PH $3,000.00
Total Cost: 3,960.00
Task Two: Field Data Collection,Processing and Charts(Baseline Survey)
Profile Control Monuments:R6-R20,(15)Profiles plus eight(8)intermediate Profiles
Reg Reg OT OT
Description Hours Rate Hours • Rate Unit Total
2-Person GPS Survey Crew 8 $160.00 240.00 CH $1,280.00
3-Person Hydrographic Survey Crew 20 $250.00 375.00 CH $5,000.00
3-Person GPS Survey Crew 24 $215.00 322.50 CH $5,160.00
Computer/CADD Operator 24 $90.00 135.00 PH $2,160.00
Engineering Technician 100.00 150.00 PH 0.00
Survey Manager 8 95.00 142.50 PH $760.00
Professional Surveyor and Mapper 8 $120.00 180.00 PH 5960.00
Professional Engineer 130.00 195.00 PH 0.00
Project Manager 2 $150.00 225.00 PH $300.00
Total Cost: 15,620.00
Task Two :Field.Data Collection,Processing and Charts(Annual Survey Events). _
Profile Control Monuments:R6-R20,(15)Profiles plus eight(8)Intermediate Profiles
Reg Reg OT OT
Description Hours Rate Hours Rate Unit Total
2-Person GPS Survey Crew 160.00 240.00 CH 0.00
3-Person Hydrographic Survey Crew 20 $250.00 375.00 CH $5,000.00
3-Person GPS Survey Crew 24 $215.00 322.50 CH $5,160.00
Computer 1 CADD Operator 24 $90.00 135.00 PH $2,160.00
Engineering Technician 100.00 150.00 PH 0.00
Survey Manager 8 95.00 142.50 PH 5760.00
Professional Surveyor and Mapper 8 $120.00 180.00 PH 5960.00
Professional Engineer 130.00 195.00 PH 0.00
Project Manager 2 $150.00 225.00 PH $300.00
Total Cost: 14,340.00
9/30/2016 1
Cost Breakdown
Sea Diversified, Inc.
City of Sunny Isles Coastal Monitoring
SDI P.N. 16-2422
September 29,2016 Page 2 of 2
Task Two:•Field Data Collection;Processing and Charts(Winter Wading Depth Surveys), -
Profile Control Monuments:R6-R20,(16)Profiles plus eight(8)Intermediate Profiles
Reg Reg OT OT
Description Hours Rate Hours Rate Unit Total
2-Person GPS Survey Crew 160.00 240.00 CH 0.00
3-Person Hydrographic Survey Crew 250.00 375.00 CH 0.00
3-Person GPS Survey Crew 24 $215.00 322.50 CH $5,160.00
Computer/CADD Operator 24 $90.00 135.00 PH $2,160.00
Engineering Technician 100.00 150.00 PH 0.00
Survey Manager 95.00 142.50 PH 0.00
Professional Surveyor and Mapper 8 $120.00 180.00 PH S960.00
Professional Engineer 130.00 • 195.00 PH 0.00
Project Manager 2 $150.00 225.00 PH $300.00
Total Cost: 8,580.00
9/30/2016 2
City of Sunny Isles Beach
RFQ Opening
Request for Qualifications No. 16-06-01 Shoreline Surveying and Mapping Services
18070 Collins Avenue, 1St Floor, Sunny Isles Beach, FL 33160
Opening Date and Time: Monday, June 27, 2016 at 2:30 p.m.
PRESENT: Robin Springer, Purchasing Agent
Jane A. Hines, MMC, City Clerk
Mauricio Betancur,CMC, Deputy City Clerk
Luz Rey, Senior Office Assistant
7 responses to Bid No. 16-06-01 were received:
1. Degrove Surveyors, Inc.
do Gordon R. Niles, PSM, CH, President 1 original and 4 copies received)
2131 Corporate Square Blvd.
Jacksonville, FL 32216
Phone: 904.722.0400
E-mail: niles@degrove.com
2. Maser Consulting P.A.
do John Liptak, Associate Principal 1 original and 4 copies received)
8290 NW 64th St.
Miami, FL 33166
Phone: 305.597.9701
E-mail:jliptak@maserconsulting.com
3. Olin Hydrographic Solutions, Inc.1 original and 4 copies received)
do David Olin, President
2900 Calusa St.
Miami, FL 33133
Phone: 305.619.2800
E-mail: david@olinhydrographic.comolinhydrographic.com
4. Land& Sea Surveying Concepts, Inc. 1 original and 4 copies received)
do Tim Carlile, President
1605 Chase Hammock Road
Merritt Island, FL 32953
Phone: 321.454.6310
E=mail:_tc51.7.0@aol.com
5. CB&I Environmental & Infrastructure, Inc. 1 original and 4 copies received)
do Jeffrey Andrews, Director of Operations
2481 Boca Raton Blvd.
Boca Raton, FL 33431
Phone: 561.391.8102
E-mail: Jeffrey.Andrews@cbi.com
6. Sea Diversified, Inc. 1 original and 4 copies received)
do William T. Sadler, Jr. PE, PSM, President
21 NW 2nd St.
Delray Beach, FL 33444
Phone: 561.243.4920
E-mail: info@seadiversified.com
7. Bowman Consulting Group, Inc. 1 original and 4 copies received)
c/o Richard Barnes, PSM, Sr. Project Manager
401 E. Las Olas Blvd., Suite 1400
Ft. Lauderdale, FL 33301
Phone: 954.712.7482
E-mail: rbarnes@bowmanconsulting.com
Submitted by:`
Jane A,- nes, City Clerk
City of Sunny Isles BeachE
Qk„,
w--4-___,.
7tr ,
t,/,.- 18070 Collins Avenue
Sunny Isles Beach, Florida 33160
R
p. ,. (
305)947-0606 City Hall
os 5..0 ” (305)949.3113 Fax
MEMORANDUM
TO: The Honorable Mayor and City Commission
FROM: Christopher J. Russo, City Manager
DATE: 7/21/2016
RE: Shoreline Surveying and Mapping Consulting Services
RECOMMENDATION:
It is recommended that the City Commission approve the attached
resolution.
REASONS:
Seven firms responded to RFQ No. 16-06-01, "Shoreline Surveying
and Mapping Consulting Services". Each submittal was evaluated and
the following three firms were ranked: Sea Diversified, Inc., CB&I
Environmental & Infrastructure, Inc. and Olin Hydrographic Solutions,
Inc.
All three firms are highly qualified and if approved, the City Manager will
begin negotiations for shoreline surveying and mapping services.
ATTACHMENTS:
Description
Bid Opening Report
Resolution
Item Number: 10.K.
159
i
I
v'
may
r:• <:' SECOND AMENDMENT TO THE AGREEMENT BETWEEN
tq THE CITY OF SUNNY ISLES BEACH AND SEA DIVERSIFIED,INC
f CONTRACT NO.6335-003
This Second Amendment to the Agreement between the CITY OF SUNNY ISL,5 BEACH
City") and SEA DIVERSIFIED, INC. ("Consultant") executed this 0L day of
IVO1f&yl bQ '1 ,2018,is made a part of the original Agreement("Agreement")dated October 1,
2016, between the City and Consultant, a copy of which attached hereto as Attachment"A",whose
Federal Identification#is 51-0501765.The City and Consultant hereby agree as follows:
1. OPTION TO RENEW. The City hereby wishes to exercise its second option to renew the
Agreement for an additional one(l)year term in accordance with Section 3 of the original Agreement,
as more particularly described in Attachment"A',which is attached hereto and incorporated herein by
reference.The City has a right to exercise three(3)additional one(I)year renewals as per the original
Agreement.
2. EFFECTIVE DATE OF RENEWAL TERM. The Effective Date of this Second
Amendment shall commence retroactively October 1, 2018, and shall terminate no later than
September 30,2019.
3. ADDITIONAL COMPENSATION. Effective October 1,2018,the Parties wish to amend
Section 4 of the original Agreement ("Compensation") to include additional compensation for
continuing Services during Fiscal Year 2018-2019 in an amount not to exceed Forty Five Thousand
Dollars ($45,000.00), bringing the total contract amount not to exceed One Hundred Thirty Five
Thousand Dollars($135,000.00).
4. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES.
Pursuant to Florida Statutes Section 217.4725, contracting with any entity that is listed on the
Scrutinized Companies that Boycott Israel List cr that is engaged in the boycott of Israel is prohibited.
Contractors must certify that the company is not participating in a boycott of Israel.Any contract for
goods or services of One Million Dollars($1,000,000)or more shall be terminated at the City's option
if it is discovered that the entity submitted false documents of certification,is listed on the Scrutinized
Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List,or has been engaged in business operations in Cuba or Syria after July
1,2018.
Any contract entered into or renewed after July 1,2018 shall be terminated at the City's option if the
company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the boycott of
Israel. Contractors must submit the certification that is attached to this agreement as Attachment"B".
Submitting a false certification shall be deemed a material breach of contract.The City shall provide
notice,in writing,to the Contractor of the City's determination concerning the false certification.The
Contractor shall have_ninety (90) days following receipt of the notice to respond in writing and
demonstrate that the.determination was in error.If the Contractor does not demonstrate that the City's
determination of false certification was made,in error, then the City shall have the right to terminate
the contract and seek civil remedies pursuant to Florida Statute Section 215.4725.
S. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein,all
terms and conditions of the original Agreement between the parties, dated October 1, 2016, and
attached hereto as Attachment"A",shall remain in full force and effect.
6. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions
contained in this Second Amendment shall prevail and be given superior effect and priority over any
conflicting or inconsistent terms, statements, requirements or provisions contained in any other
document or attachment,including but not limited to Attachment"A"end"B".
IN WITNESS WHEREOF, the parties hereto have executed this document as of the date
mentioned above.
WITNESS: SEA DIVERSIFIED,INC.
1—,
6 -52 --
Signature
BY: /
x.11 t 21,1 A.tio toot aro W' •
P.
T.,, er,Jr.,PE.PSM
Print Name
C,
ATTEST: CITY OF SUNNY ISLES BEACH
I —
dfirlkBY:
gir-
L BY
Mauricio:e : cur, C,City Clerk Christoph J.R o,City Managerf.
a
r t.'
r
APPROVED • eAND
LEGAL STIFF/11E. 1i
SaliatBY:LiAliaA-_AtLjA BY.
De.: ment
H1 TV i ot,City Attorney
Le..,• a, = THIRD AMENDMENT TO THE AGREEMENT BETWEEN
THE CITY OF SUNNY ISLES BEACH AND SEA DIVERSIFIED, INC
CONTRACT NO. 2019 - 6335Na
or fuN
This Third Amendment to the Agreement between the CITY OF SUNNY ISLES BEACH
DCity") d SEA DIVERSIFIED, INC. ("Consultant") executed this 315' day of
C.Ca.2019, is made a part of the original Agreement("Agreement")dated October 1,
2016 and amendments thereto, between the City and Consultant, a copy of which attached hereto as
Attachment"A",whose Federal Identification#is 51-0501765.The City and Consultant hereby agree
as follows:
1. OPTION TO RENEW. The City hereby wishes to exercise its third option to renew the
Agreement for an additional one(1)year term in accordance with Section 3 of the original Agreement,
as more particularly described in Attachment"A',which is attached hereto and incorporated herein by
reference. The City has a right to exercise one (1) additional one (1) year renewal as per the original
Agreement.
2. EFFECTIVE DATE OF RENEWAL TERM. The Effective Date of this Third Amendment
shall commence retroactively October 1,2019 and shall terminate no later than September 30, 2020.
3. ADDITIONAL COMPENSATION. Effective October 1, 2019, the Parties wish to amend
Section 4 of the original Agreement ("Compensation") to include additional compensation for
continuing Services during Fiscal Year 2019-2020 in an Mount not to exceed Forty Five Thousand
Dollars ($45,000.00),bringing the total contract amount not to exceed One Hundred Eighty Thousand
Dollars($180,000.00).
5. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein,all
terms and conditions of the original Agreement between the parties, dated October 1, 2016, and
amendments attached hereto as Attachment"A", shall remain infull force and effect. A,
6. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions
contained in this Second Amendment shall prevail and be given superior effect and priority over any
conflicting or inconsistent terms, statements, requirements or provisions contained in any other
document or attachment, including but not limited to Attachment"A".
IN WITNESS WHEREOF, the parties hereto have executed this document as of the date
mentioned above.
WITNESS:
c
SEA DIVERSIFIED,INC.
Signature
61
BY:
J Sa ,Jr.,PE,PSM
Print Name
ATTEST:CITY OF SUNNY ISLES BEACH
tor iffmviorr
loBY: v BY:
Mauricib :-tancur CMC,City Clerk Christophe .Russo,City Manager
APPROVED AS TO FORM AND
LEGAL SUFFICIE
BY: AttO BY: 0
Department e d
l ,
Edward A.Dion,City Attorney